If the existing co purchasers have no objection against inclusion of your name as a co purchaser then I don't see any reason why the builder would have a problem
The existing co purchasers would not be selling any part of their share to you
You are just being included as a co purchaser with them
For that a supplementary agreement has to be made in which it would be stated that all the terms of the principal agreement would remain same and be binding on all the 3 co purchasers now
So the builder will be the seller, the existing co purchasers would be the confirming parties and you would be the 3rd joint purchaser
The allotment of the new flat would happen jointly to all the 3 co purchasers under the supplementary agreement
This agreement would not attract any stamp duty since the duty is already paid on the principal agreement and there would be nominal registration fee
The builder is concerned with his money. So whether that is paid by 2 or 3 co purchasers it should hardly matter to him
So whatever contribution you would make towards the sale price to the builder, for that you can claim capital gains tax exemption
If you go for an assignment of rights by the existing co purchasers to you by paying them certain amount then such assignment would be subject to the main agreement. The builder may ask for a transfer fee in that case.
Under the Gift deed option as suggested by the builder I fail to understand how he would then bind you under the terms of the main agreement which would contain many protection clauses in favour of the builder
The gift deed will be between the existing co purchasers and yourself. So how will there be a privity of contract between you and the builder? In case of any breach of the agreement terms the builder cannot sue you as there would be no privity of contract with you. He can only sue his original co purchasers. So his suggestion of gift deed is strange
Also since no consideration would pass under the gift deed you cannot also claim any capital gains tax exemption